In a redundancy situation, are workers with less than one year’s service counted for the purposes of triggering statutory collective consultation obligations?
Posted in : First Tuesday Q&A NI on 3 December 2018
Chris Fullerton
Arthur Cox
Under the Trade Union and Labour Relations (Consolidation) Act 1992 (‘TULRCA’), where an employer is proposing to make 20 or more employees redundant at one establishment within a 90 day period, it must:
- Inform;
- Consult; and
- Notify the Department for the Economy.
In the redundancy context, an employee means an individual who has entered into or works under a contract of services or apprenticeship. Therefore, it is clear that it is employment status rather than length of service which is important. For thoroughness, it is worth noting that the following roles are excluded from the definition of ‘employee’ under TULRCA:
- Most employees of the PSNI;
- Crown employees;
- Parliamentary staff; and
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Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
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